Offenses and Enforcement
Cal. BPC § 3767
California Statutes
(
a) The board shall issue a citation to a person and to his or her employer or contractor, if, upon inspection or investigation, either upon complaint or otherwise, the following conditions are met:
(1) The board has probable cause to believe that the person is acting in the capacity of, or engaging in the practice of, a respiratory care practitioner in this state without having a license in good standing issued pursuant to this chapter.
(2) The person is not otherwise exempted from the provisions of this chapter. (
b) Each citation issued pursuant to subdivision (
a) shall meet all of the following requirements:
(1) Be in writing and describe with particularity the basis of the citation.
(2) Contain an order of abatement and an assessment of a civil penalty in an amount not less than two hundred dollars ($200) nor more than fifteen thousand dollars ($15,000). (
c) A person served with a citation may appeal to the board within calendar days after service of the citation with respect to any of the following:
(1) The violations alleged.
(2) The scope of the order of abatement.
(3) The amount of the civil penalty assessed. (
d) If, within calendar days after service of the citation, the person cited fails to notify the board that he or she intends to appeal the citation, the citation shall be deemed a final order of the board and not subject to review by any court or agency. The board may extend the 15-day period for good cause. (e)
(1) If a person cited under this
section notifies the board in a timely manner that he or she intends to contest the citation, the board shall afford an opportunity for a hearing.
(2) The board shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation, or directing other appropriate relief. (
f) With the approval of the board, the executive officer shall prescribe procedures for the issuance and appeal of a citation and procedures for a hearing under this section. The board shall adopt regulations covering the assessment of a civil penalty that shall give due consideration to the gravity of the violation, and any history of previous violations. (
g) The sanctions authorized under this
section shall be separate from and in addition to, any other civil or criminal remedies.